Terms and conditions

Terms and conditions

Legal Notice

Publisher:
Export Entreprises S.A. :
Société Anonyme [Public limited company] with capital of EUR 1,334,224.50
Headquarters: 1, rue de Stockholm - Paris
Registered with the RCS Paris under the SIREN No: 950571224
Telephone: +33 1 42 56 41 60
Publication director: Etienne Vauchez, CEO of Export Entreprises
Contact us: info@export-entreprises.com

The information you provide through electronic correspondence is intended for internal use only and will not be published nor passed onto third parties. You have the right to access, modify, rectify and delete data concerning yourself pursuant to the Applicable Laws. To do so, please contact: contact@scbtrade.com

Processing of personal information:

When registering as a user in the Website, you voluntarily submit personal information to Export Entreprises S.A. who acts as the Data Controller and Data Processor pursuant to the Applicable Laws on the protection of personal data.

Terms of use of the Website

1. Access to the Website
2. Information about processing of personal data
3. Website content and services
4. Liability for the content of the Website
5. Rights to intellectual and industrial property
6. Characteristics of service
7. Usage procedures of the Website
8. Obligations of the users of the Website
9. Linking and framing
10. Access to the Website from abroad
11. Changes or additions to the Website
12. Termination
13. Invalidity of clauses
14. Notices
15. Governing law and jurisdiction

Preamble

These terms and conditions of use (the "Terms of Use") of the website "www.scbtrade.com" and its subpage or subdomain name (the "Website") that are to be followed by all users who intend to visit the pages of the Website and/or use services that are accessible through the same.

The Website is facilitated by The Siam Commercial Bank Public Company Limited ("SCB") and operated and managed by Export Entreprises S.A., based in 1, rue de Stockholm 75008 Paris, France ("EE"). In this Terms of Use wherever you see the words 'we', 'us' or 'our', it refers to both SCB and EE; provided however that SCB and EE are not a partnership, joint venture, agency, or any other formal business association. Since the Website is operated and managed by EE, SCB is not responsible for any losses or damages caused by any failure, error, delay or defect of the Website or the inability to use the Website for whatever reason or caused by performance or non-performance of EE or in relation to the Website in any respect. In case of losses or damages occur, you shall be solely responsible for negotiation and settlement with EE or other person directly; provided that SCB will cooperate to provide information to you as applicable in order to handle such negotiation and settlement.

Anyone who accesses the Website must review the Terms of Use with the utmost of care, print them, and keep a copy thereof. You accept and agree to be bound by the Terms of Use by accessing the Website and with every visit thereafter. If you do not accept the Terms of Use, it is sufficient to leave the Website.

The Terms of Use may be changed or updated by EE at any time in whole or in part, without previously informing users, who are obligated to review them periodically before accessing the contents of the Website.

1. Access to the Website

The Website is exclusively accessible by business customers (companies, freelancers, merchants, artisans, associations). You may sign up for creating a profile or account for the use of the Website pursuant to the method prescribed by us. In case of signing up for creating a profile or account, when first accessing the Website via the authentication, you must enter the required information in the registration form prescribed by EE. In case you access and/or use this Website on behalf of the company, you represent and warrant that you have the legal authority to agree and accept this Terms of Use on behalf of your company. You also represent and warrant that any and all information provided by you is accurate, complete and true. If such information is inaccurate, incomplete or out of date, access to the Website may be denied or suspended without notice.

After completing the sign-up form, new identification data will be created by you for access, such as username and password, which may be used exclusively by you and those authorised to access the Website in your name (collectively the "User"). This identification data is personal and confidential. The User agrees to handle and keep identification data confidentially and never to divulge it to third parties in any form and to EE about any use by unauthorised third persons. The User shall be responsible for all usage or activities that occur while using the identification data, such as username and password, on the Website and the User agrees to be bound by such usage or activities as if it has been done by the User regardless of whether it has been done by the User or any other persons and for whatever reason. EE is not under any obligation to verify the actual identity or authority of any person using the identification data of the User to access and use the Website. The User shall notify EE by e-mail of any known or suspected unauthorized use of the User's profile or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of user name, password or any other information.

Access to the Website and a consultation of the same is possible around the clock, except for the times when upgrades or maintenance procedures are performed, or when there are problems that are attributable to the network providers. Subject to the foregoing, every User expressly acknowledges that EE may reject or interrupt at any time without prior notice access to the Website or delete a personal profile or account, which has the consequence that the User may no longer access, use and take advantage of the services in the future.

2. Information about processing of personal data

You agree and accept that Personal Data which you provide when accessing, registering and/or using the Website shall be used to process with registration or request and for administration of the service. Personal Data may also be used for marketing purposes and any other purposes that is not prohibited by laws.

You acknowledge and agree that the Personal Data will be collected, used and have protection in accordance with Privacy Policy announced in the Website.

Except for SCB, EE will not surrender the Personal Data to any third parties, unless there is a legal obligation to do so.

You acknowledge and agree that your Personal Data shall be shared with and disclosed to SCB. You hereby give consent to SCB to collect/gather Personal Data and to deliver, transfer, use and/or disclose Personal Data to companies in SCB's financial business group, auditors, external auditors of SCB, financial institutions, governmental authorities, assignees, and/or juristic persons or any other person which are SCB's partner of contract or having the relationship with SCB either in Thailand or other countries for the purpose of data analysis, offering, giving, using, improving any services or products and/or for examination of transactions that may arise as a result of fraudulent or suspicious transactions and/or for any other purposes that is not prohibited by laws and/or for complying with the laws and regulations of any countries which govern SCB. In this regard, this consent shall remain in effect regardless of the termination of the use of this Website or the discontinuation of the use of this Website by you.

You may request information about the Personal Data relating to you that is processed by SCB by submitting a written request to SCB at contact@scbtrade.com. You may also request rectification of erroneous or misleading data by contacting SCB at the above email address.

For the purpose of this Clause, "Personal Data" means profile details, personal information, financial information, transaction execution information and/or any other information relating to you provided by you and/or collected/gathered by EE from any other persons.

3. Website content and services

The Website offers the User information and/or services related to international trade and foreign markets in two sections:

Section 1: SCB Trade Portal. The User may sign up for creating a profile or account for the use of SCB Trade Portal.

Section 2: SCB Trade Club. Only the selective User will be able to access and use SCB Trade Club. The selective User must sign up for creating a profile or account for the use of SCB Trade Club pursuant to the method prescribed by EE.

The Website may contain additional services provided by EE or third party other than SCB (the "Other Party Services"); thus, SCB is not responsible or liable for the Other Party Services in all respects. In the event that the User decides to use such Other Party Services, the User shall directly contact EE or third party and may subject to pay any fees and/or expenses for the use of such Other Party Services.

The User acknowledges and agrees that information and/or services available for each User may differ among the User and it is sole discretion of SCB to determine and grant the User the right to use each of such information and/or services.

4. Liability for the content of the Website

Although the information presented on the Website is updated, the content is not exhaustive and is not to be regarded as such. The material contained in the Website is to be considered "as described", with the possible consequence that it is inappropriate and/or not adequate for the User's specific needs and interests.

Therefore, SCB and EE does not guarantee the reliability of the information contained in the Website and, except in cases of willful or serious misconduct, cannot be held accountable for:

• Any errors or omissions in the information available on the Website;

• Any loss, damage, or expense (including legal fees) caused by the content of the Website or that can be attributed to it.

Hyperlinks with Internet presence of third-party right holders (on procedures for creating such links refer to the following paragraph) may also be on the Website. In such a case, the hyperlinks have the sole function of facilitating users to navigate, without the content of the Website and the information presented on the homepage of the third-party website being related, and therefore are entirely outside the area of responsibility of EE and SCB. In addition, the presence of such links may not be taken as an indication or recommendation of EE and SCB to visit the linked web pages in any way. In this context it should be noted that EE and SCB do not control such websites or the information these websites display, with the result that they cannot be held liable in any way for the content, regulations, truth, accuracy and adequacy of the materials and/or information presented on these third-party pages.

5. Rights to intellectual and industrial property

All content on the Website is protected by the relevant provisions in force for copyright and intellectual and industrial property. Examples of content of the Website are information, data, texts, images, photos, movies, databases, graphics and tables, any arbitrary general graphical and/or textual presentation, methods, processes, functions and software that are used for the functioning of the Website. Subject to the provisions in this Terms of Use and the contract terms for specific fee-based services provided by the Website, it is not permitted to copy, reproduce, distribute and/or sell the contents of the Website without the express written permission of EE completely or partially, temporarily or permanently, in any way or form.

The User agrees to use the content exclusively for your own internal purposes and not to share it - neither for payment nor free of charge - with third parties or market it directly or indirectly. Failure to comply with this Terms of Use will result in deletion of the profile, account and the username, subject to any legal action that EE could take for the purpose of obtaining compensation claims against the subject who committed the transgression.

Likewise, all trademarks, service marks, domain names, logos, marks, business names, companies and inscriptions appearing on the Website are property of SCB or EE, or at least property of third parties that maintain business relations of different types with SCB or EE. Therefore they are protected by copyrights, trademarks, or other intellectual property rights and other applicable laws. Therefore, the use, distribution and/or reproduction of the same is strictly prohibited in any form or type without express authorisation from SCB or EE and/or the respective legal owner. It is also strictly forbidden to register the term "Trade Portal" under any top-level domain name.

Finally, it is strictly forbidden to use any distinctive marks available on the Website such as meta tags or commands in HTML language that, even if they do not change any visuals or formatting of a certain command, give the electronic agents or search engines instructions for an improvement in ranking of another web presence other than the Website.

6. Characteristics of service

Although EE are using innovative solutions to maintain the Website accessible at all times and free of any defects, EE declares that the computer systems used for access could be inaccessible, incompatible, or not free from defects, viruses and/or other malfunctions. Consequently, anyone accessing and using the Website recognises and accepts explicitly that its use is "in its present condition, subject to availability."

If any issues arise while on the Website, Users can send an email to the section "Contact us" available on the homepage of the Website. EE does not assume responsibility for any damages incurred due to the lack of accessibility to the Website services or as a result of damage caused by viruses, corrupted files, errors, omissions, interruptions of service, deletion of content, problems with the network, providers or telephone connections and/or telematics connections, unauthorised access, data manipulation, or by malfunction and/or faulty function of the electronic devices of the User himself.

7. Usage procedures of the Website

In addition to the conditions foreseen in the above paragraph, SCB and EE declare that the content of the Website cannot be completely or partially copied, reproduced, republished, charged, transmitted, forwarded or distributed in any form without prior written authorisation from SCB and/or EE; exceptions include activities such as printing, downloading and viewing a part of the contents of the Website according to these Terms of Use and subject to the necessity that all information related to the rights of intellectual and/or industrial property rights are respected.

Likewise, the content of the Website may not be fully or partly distributed through communication channels such as the Internet, television or radio systems or any other system without prior written authorisation from SCB and/or EE. The Users are the only ones responsible for the use of the Website and its content. Therefore, SCB or EE cannot be considered in any way liable if the User utilises the Website or its content illegally.

8. Obligations of the Users of the Website

All Users who access the Website declare, implicitly, to be of legal age and agree to:

(a) not use the Website and the material that it contains for purposes that are illicit, contrary to current regulations, in conflict with the peace and order or good moral of people and/or in violation of third-party rights;

(b) act responsibly and in good faith when navigating and using the Website;

(c) use the Website only to benefit from the related services in accordance with the Terms of Use;

(d) not interact on the Website in the name of or on behalf of a third party where the latter has not provided binding authority to do so;

(e) not use the Website in the manner that SCB or EE is of an opinion that there are the fraudulent or wrongful behaviors or any actions fraudulently or wrongfully to SCB, EE or any persons which cause or may cause damage to SCB, EE or any persons regardless of whosever's actions.

In addition, all Users who access the Website agree not to use it themselves or allow a third party to use it in order to:

(a) modify, breach, disable or damage existing security features on the Website or to probe their weaknesses;

(b) intervene in any way in the navigation of the Website or in the use of services offered by SCB and/or EE by attempting - for example only - to overburden the system or Website itself or to spread viruses;

(c) access the services offered by SCB or EE from a platform other than the homepage of the Website;

(d) attempt to circumvent the security measures of the Website or to violate the network in which it occurs by accessing data that are not specifically designed for the Users or probing the security of other networks (e.g. by "port scanning");

(e) carry out any form of network monitoring to intercept data that is not specifically designed for individual Users;

(f) send unsolicited emails including "junk mail" or other advertising materials to those who did not specifically request such. Specifically, Users are expressly forbidden to send unwanted mass emails ("bulk mail"), including commercial e-mail, messages about promotions or information on political or religious surveys;

(g) send or receive information and/or content that is technically harmful (including but not limited to computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); can cause unwarranted interference, incidents or attacks; aims to intercept, or attempts to intercept communications that were transmitted via telecommunications systems; is intended for any type of fraudulent purposes.

All Users agree to inform SCB and/or EE if they uncover or become aware of any of the above circumstances by sending an e-mail to the address under "Contact us" on the homepage of the Website.

9. Linking and framing

In order to obtain such written authorisation, the interested parties must submit a separate application by sending an email through the "Contact us" section on the homepage. Provided the application for creating a link is approved, the applicant will receive a non-exclusive and non-transferable license for the use of the term "[Trade Portal]", solely for the purpose of providing a hyperlink from the Internet presence of the respective rights holders to the Website, and any other uses are expressly excluded.

A violation of the terms provided in this paragraph will also be punished according to relevant laws as unfair competition.

10. Access to the Website from abroad

Each User who accesses the Website from a country other than Thailand must comply fully with the present Terms of Use and applicable laws in Thailand and explicitly guarantees to use the Website and its contents in such a way that the above laws are not violated.

11. Changes or additions to the Website

SCB and EE can replace, add, modify and/or amend the Website and/or its contents as well as its implemented technology at any time without notice and at their own discretion. In this context, SCB and EE discloses that such activities may result in a temporary or permanent loss of access to the Website, profile, account, any information and/or its content.

12. Termination

You may terminate the use of this Website for any or no reason, at any time, by sending a written notice to an email address under "Contact us" on the homepage of the Website and pursuant to methods and details provided by us. This notice will be effective upon our duly receiving your notice. We may terminate your access or use of this Website, profile, account or services for any reason or no reason, at any time, with or without notice.

13. Invalidity of clauses

If a single contractual agreement becomes invalid or ineffective, it has no impact on the rest of the Terms of Use.

14.Notices

Notices regarding the use of the Website must be sent in writing as a registered letter with return receipt to the following address:

Export Entreprises, 1 rue de Stockholm F-75008 Paris, France.

15. Governing law and jurisdiction

The Terms of Use are governed solely by Thai law. All disputes arising in connection with these Terms of Use, including the validity, effectiveness, interpretation and implementation, shall be subject to the exclusive jurisdiction of the courts of Thailand.

Terms and Conditions of SCB Trade Club

SCB Trade Club is a feature of the website www.scbtrade.com and its subpage or subdomain name (the "Website") facilitated by SCB and operated by Export Entreprises. SCB Trade Club is ruled by these terms and conditions, on top of the Terms and Conditions of SCB Trade. In case of conflict between the two, the present terms and conditions supersede.

In practical terms:

• SCB Trade Club is a business community, please behave and respect the members: don't spam, don't steal, don't plagiarize, etc.

• You are aware that SCB or EE has the right to moderate, edit and remove contributions, and to remove your account or block your access to the Website as SCB or EE may deem necessary.

• You are aware that the content appeared or displayed on SCB Trade Club was posted by fellow Members and may not have been reviewed or edited by the Community Manager at the time you read it.

I. Definitions and Functionalities of SCB Trade Club

II. General conditions of use of the service

1. Acceptance of the terms of use
2. No unlawful or prohibited use
3. Members' obligations
4. Processing of personal information
5. The Community Manager
6. SCB Trade Club Communication Charter
7. Content Responsibility
8. Licensing and terms applying to Members' generated Content
9. Third party services & promotional messages
10. No resale of service
11. General practices regarding usage and storage
12. Termination of Member access
13. Links and Cookies
14. Indemnity; Disclaimer; Limitations of Liability
15. Trademark Information
16. Copyrights
17. General Information
18. Ownership
19. Violations
20. How To Contact Us

I. Definitions and Functionalities of SCB Trade Club

Business Card: a Business Card presents the key details of a Company in the directory listing pages. The Community Manager can edit or remove elements from the Business Card as the Community Manager may deem necessary or appropriate.

Business Card Data: Members fill in forms, posts links and upload files to create the Business Card of their Company; these constitute the Business Card Data. The Business Card is made available by clicking on "discover more" on the Business Card. It shows all details available about a Company. The Community Manager can edit or remove elements from the Business Card as the Community Manager may deem necessary or appropriate.

Community Manager: The Community Manager has the position of building, growing and managing the online community of SCB Trade Club. SCB has assigned the community management of SCB Trade Club to Export Entreprises, 1 rue de Stockholm F-75001 France. This service is performed in English. The Community Manager can be reached at communitymanager@scbtrade.com.

Company: Members list their company in SCB Trade Club. There might be several Members for one Company.

Content: Business Card Data, messages, information, content posted on SCB Trade Club and all communications of/between Members constitute the Content.

Directory Listing Pages: all pages of results that can be obtained after a search in the directory.

Export Entreprises or EE: Export Entreprises SA

Favorites: Members follows Members have chosen to follow.

Matchmaking Suggestions: A Matchmaking Suggestion is a link created between two Companies, one member of SCB Trade Club and one member of a Trade Club of another bank, suggesting they could find interest in exploring each other's activities. It can either be generated automatically by an algorithm that selects possible counterparts for any given Company, based on products traded and topics of interest or by a Community Manager who handpicks and features possible counterparts for a given Company.

Member: Members are users of the Website who have created a Business Card in SCB Trade Club. They act on behalf of their Company.

Member's Messages: Any Member can send a message to any other Member via SCB Trade Club.

Opportunity: An Opportunity is a request for offers posted within the Website by a User and made available to other Users

Users have the capacity to :

  • post requests for offers, called "Opportunities" in the SCB Trade Club
  • browse and reply to Opportunities published by other Users

Users are wholly and solely responsible for all activities related to the Opportunities that they posted or engaged with. SCB is not responsible for misuse or misappropriation of any Opportunity a User has posted on SCB TradeClub; SCB assumes no liability, obligation or responsibility for any part of any business originated.

SCB reserves the right to refuse, modify or delete any Opportunity posted by a User in its sole discretion, that does not fulfill the purpose of the Website or that violates the Terms of Use or may be otherwise illegal.

Promotional Messages: SCB Trade Club, SCB and SCB Group, as well as third party B to B vendors selected by the latter, may send promotional messages to Members.

SCB: The Siam Commercial Bank Public Company Limited.

SCB Group: The companies in the SCB's financial business group and/or other associated organizations of SCB and/or SCB's affiliates/subsidiaries.

SCB Trade Club: SCB Trade Club is a feature of the website www.scbtrade.com, facilitate by SCB to its business clients and operated by Export Entreprises, 1 rue de Stockholm F-75001 France.

Vendors: BtoB vendors selected by SCB.

Terms: these terms and conditions of SCB Trade Club.

II. General conditions of use of the service

1. Acceptance of the terms of use

SCB Trade Club may modify, alter or update these Terms at any time without prior notice, and such modifications, alteration or update shall be effective immediately upon posting of the modified, altered and/or updated Terms to SCB Trade Club unless provided otherwise. Any subsequent use of SCB Trade Club shall constitute such Member's consent to the modification, alteration or update. If you do not want to register an account and become a member of SCB Trade Club, do not enter into this agreement, do NOT click "I agree to the term of use" and do not access, view, download or otherwise use any SCB Trade Club webpage or services. By clicking "I agree to the term of use" (or similar), you acknowledge that you have read and understood these Terms and that you agree to be bound by all of its provisions. By clicking "I agree to the term of use" (or similar), you also consent to use electronic signatures and acknowledge your click of the "I agree to the term of use" button as one.

2. No unlawful or prohibited use

This Website is provided solely as a convenience to you. By using SCB Trade Club, you warrant that you will not use SCB Trade Club, or any of the Content obtained from SCB Trade Club, for any purpose that is unlawful or prohibited by these Terms.

Without limiting the generality of the foregoing, you agree not to:

1. transmit through SCB Trade Club any unlawful, harassing, libelous, abusive, tortuous, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, threatening, or harmful material of any kind or nature; or material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation or in conflict with the peace and order or good moral of people;

2. impersonate any person or entity, including, but not limited to, a SCB Trade Club official or a Member, or falsely state or otherwise misrepresent your affiliation with a person or entity;

3. upload, post or otherwise transmit any content that you do not have a right to use and/or transmit under any law or under contractual or fiduciary relationships, such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under confidentiality agreements;

4. upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

5. upload, post or otherwise transmit any material that contains malware, software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

6. interfere with, attempt to gain unauthorized access to, or disrupt SCB Trade Club or computer systems hosting SCB Trade Portal;

7. violate any applicable local, state, national or international law;

8. "stalk" or otherwise harass another;

9. collect or store data about other Members or SCB Trade Club;

10. copy or transfer any part of SCB Trade Club;

11. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals; and

12. interfere with another Member's use and enjoyment of SCB Trade Club).

If you violate any of these Terms, your permission to use SCB Trade Club automatically terminates.

3. Members' obligations

Members represent and warrant that Members have the legal authority to agree to and accept these Terms and act on behalf of their Company.

First Member of the Company must fill in his/her information and the Company's information in Business Card in order to register and access SCB Trade Club). They must:

• provide true, accurate, current and complete Business Card Data

• maintain and promptly update their Business Card Data.

Members acknowledge and agree that any other Member of the Company have the right to add and/or amend the Company's information in Business Card at any time.

Members are wholly and solely responsible for maintaining the confidentiality of their access credentials to SCB Trade Portal and to SCB Trade Club such as user name and password ("Identification Data"); they are wholly and solely liable for all activities occurring while using the Identification Data and Member agree to be bound by such usage or activities as if it has been done by Members regardless of whether it has been done by Members or any other persons and for whatever reason. SCB Trade Club is not responsible for misuse or misappropriation of any Content a Member has posted on SCB Trade Club.

The Community Managers encourage Members to respond to all requests, at least to acknowledge reception, but the Community Managers shall in no case be held responsible for the lack of response. Repeated absence of response by a Member can be a reason for removing their account or blocking access to SCB Trade Club as deemed necessary. SCB Trade Club cannot and will not be liable for any loss or damage arising from a Member's failure to comply with this Section.

4. Processing of personal information

SCB is the controller of the personal data processed in the SCB Trade Club. Personal data which you provide when you fill in a form on SCB Trade Club, or which are otherwise registered in connection therewith, are processed by SCB and/or EE for:

• access a global business network for SCB customers only; and

• the possibility to find and engage with business partners abroad

INFORMATION ABOUT PROCESSING OF PERSONAL DATA

You agree and accept that personal data which you provide when accessing the SCB Trade Club shall be used to process your registration or request and for administration of the service. Personal data may also be used for marketing purposes.

You acknowledge and agree that personal data will be collected, used and have protection in accordance with Privacy Policy announced in the Website.

You gives consent to SCB to collect/gather personal information and to deliver, transfer, use and/or disclose personal information to SCB Group, auditors, external auditors of SCB, financial institutions, governmental authorities, assignees, and/or juristic persons or any other person which are SCB's partner of contract or having the relationship with SCB either in Thailand or other countries for the purpose of giving and/or improving any services or products and/or for examination of transactions that may arise as a result of fraudulent and/or for any other purpose that is not prohibited by laws and/or for complying with the laws and regulations of any countries which govern SCB and/or for any other purpose relating to such purpose.

At the moment an EU-based Company, Export Entreprises, processes personal data on behalf of SCB. Export Entreprises manages the SCB Trade Club and will only process personal data in accordance with SCB's instructions. You may request information about the personal data relating to you that is processed by EE by submitting a written request to SCB by send e-mail to : contact@scbtrade.com. You may also request rectification of erroneous or misleading data by contacting SCB at the above address.

5. The Community Manager

The Community Manager has the right to access/remove/delete/add/make changes to any information on the Website without notice as the Community Manager may deem necessary or appropriate. This information refers to but is not limited to, Business Card Data, Content, information and Messages. The Community Manager has the right to limit the messages and the interaction of Members. The Community Manager, acting under SCB Trade Club, reserves the right, but has no obligation, to monitor activities and disputes between Members and to restrict, suspend, or close accounts of any Members without notice as the Community Manager may deem necessary or appropriate.

Contributions to SCB Trade Club all contact including but not limited to messages and contributions made to SCB Trade Club are handled by the Community Manager. By using SCB Trade Club and/or sending any form of communication to us, you have granted us rights and allow us to use it in anyway deemed necessary. Please make sure you don't include confidential or infringing materials.

6. SCB Trade Club Communication Charter

In order to ensure a high quality of service, messages or communication exchanged between Members can be reviewed by the Community Manager before being forwarded to the recipient. Only messages adhering to the SCB Trade Club communication charter will be validated and forwarded to the recipients.

The below table provides an overview of the charter:

TYPE OF MESSAGES

• Unique message : Personalized message sent to one person.

• Target Campaign : Personalized or template message sent to between 1 - 20 RELEVANT companies with a specific business goal.

• Partnership messages : Message sent between same companies providing the same service.

• Mass Campaign : Template message sent to many companies ( 20+ ) both relevant and non relevant with a specific business goal.

• Advertising : Sending messages explaining what you do to both relevant and non relevant companies. Message sent multiple times to same recipient.

GUIDELINES FOR EXCHANGING MESSAGES

Unique

Campaign

Partnership

Mass Campaign

Advertising

Messages exchanged by companies with the same activity (wine - wine) / same activity family ( - beverages)

Open Open Open Open Open

Messages exchanged by companies from different business sectors but with a valid link (wine - transport)

Open Open Open Open Open

Messages exchanged by companies from different activities/ sectors

Open Close Close Close Close

Mix of the first three message types above

N/A

Close

N/A

Close Close

Duplicate messages

Close
starting from the third message
Close
starting from the third message
Close
starting from the third message
Close
starting from the third message
Close
starting from the third message

Open = message to be accepted and validated.

Close = message to be declined and not forwarded to the recipient

Please note that the above tables are only guidelines. The Community Manager and SCB Trade Club have the final say and decision in the validation of messages.

The Community Manager can be contacted for further information related to the Communication Charter.

7. Content Responsibility

All information, data, text, software, audio/video content (including sound, graphics, and still or moving images, etc.), or any other materials whatsoever (collectively, "Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated.

This means that the Member, and not SCB Trade Club, EE and/or SCB, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via SCB Trade Club. No Member shall transmit Content or otherwise conduct or participate in any activities on SCB Trade Club that, in the judgment of SCB Trade Club, EE and/or SCB), is likely to be in the manner that is the fraudulent or wrongful behaviors, in conflict with the peace and order or good moral of people or prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscene material, or the permissible uses of intellectual property. Members may enter into correspondence with or engage into business with Companies, Members or Vendors based on the products or services descriptions posted on SCB Trade Club. Any such correspondence or business, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding Members, Companies and Vendors. SCB Trade Club assumes no liability, obligation or responsibility for any part of any such correspondence, promotion and business.

SCB Trade Club reserves the right to refuse, remove, modify or delete any Content, including but not limited to Content of which it becomes aware and deems, in its sole discretion, that does not fulfill the purpose of the Website or that violates the Terms or may be otherwise illegal.

Under no circumstances will SCB and SCB Trade Club be liable in any way for any Content, including, but not limited to, liability for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted to, or emailed or otherwise transmitted via SCB Trade Club.

You may request to suppress or delete any Content which is illegal computer data under Computer Crime Act B.E 2550 by submitting a written request to SCB pursuant to the method, form and details prescribed by SCB.

8. Licensing and terms applying to Members' generated Content

When posting Content, the submitting Member retains ownership of his/her Content and, in exchange for being permitted to use SCB Trade Club and benefit of the services offered through SCB Trade Club, grants to SCB and SCB Trade Club a worldwide, royalty-free, perpetual, irrevocable license to use, transfer, publish or sublicense such Content there from with links to full content in SCB Trade Club, let other Members print, view, access it in their web browser while accessing SCB Trade Club, and/or to incorporate it in other services related to SCB Trade Club and made it available to the Members in any form, media, or technology now known or later developed such as Apps, RSS feeds, etc or for any other purpose that is not prohibited by laws and/or for complying with the laws and regulations of any countries which govern SCB and/or for any other purpose relating to such purpose. Subsequently SCB Trade Club hereby sublicenses to Members the right to print, view, and perform such Content and site material solely within a Web browser while accessing SCB Trade Club for their personal use.

If you think someone has stolen or misused your intellectual property on SCB Trade Club, please report to communitymanager@scbtrade.com

9. Third party services & promotional messages

Members allow SCB Trade Club, EE, SCB as well as third party Vendors selected by them, to providing them with notices, promotions for their own products and services. SCB Trade Club is not responsible for these third-party activities, only the Vendor involved is.

SCB Trade Club offers various third party services including but not limited to the selling of advertising space and the webinars service. SCB Trade Club accepts no responsibility or liability for these services.

SCB Trade Club may include links to third party web sites ("Third Party Sites") on the Website and elsewhere. You are responsible for evaluating whether you want to access or use a Third Party Sites or goods and/or service provided on such Third Party Sites. You should review any applicable terms or privacy policy of Third Party Sites before using it or sharing any information with it, because you may give the third-party permission to use your information in ways we would not.

10. No resale of service

You agree not to sell, resell, or offer for any commercial purposes, any portion of SCB Trade Club, access to SCB Trade Club, other Members' Content, SCB Trade Club) material or access to SCB Trade Club without the express written consent of SCB.

11. General practices regarding usage and storage

SCB Trade Club may establish general practices and limits concerning the use of SCB Trade Club. SCB Trade Club has no responsibility or liability for the delay, error, incorrectness, incompleteness, deletion or failure to store any messages or other communications or other Content maintained or transmitted by SCB Trade Club and reserves the rights to mark as "inactive" and archive or delete accounts and/or Content that are inactive for an extended period of time.

12. Termination of Member access

SCB Trade Club retains the right, at its sole discretion, to determine whether or not a Member's conduct is consistent with these Terms and/or the purpose of the Website and may terminate said Member's account and/or access to SCB Trade Club without notice if that Member's conduct is found to be inconsistent with same or for any other reason.

SCB Trade Club's termination of any Member's access to SCB Trade Club may be effected whether with or without notice and, on such termination, SCB Trade Club may immediately deactivate or delete said Member's account and/or bar any further access to such files. SCB Trade Club shall not be liable to any Member or other third party for any termination of that Member's access or account hereunder. In addition, a Member's request for termination will result in deactivation but not necessarily deletion of the account. SCB Trade Club reserves the right to delete, or not delete, a Member's account at SCB Trade Club 's sole discretion, as well as to delete, or not delete, Content at SCB Trade Club 's sole discretion.

13. Links and Cookies

Links

SCB Trade Club, Members or Vendors may provide links to other websites. SCB Trade Club exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability nor the accuracy there of or the content, advertising, products or other materials thereon. SCB Trade Club shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any Member in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk.

Cookies

SCB Trade Club uses cookies. When you enter this website, you accept that we can place cookies on your computer or any other device that you use. A cookie is a small text file which is stored on your hard disk by the website you visit. The text file contains information and is, among other things, used for supporting the visitor's use of the relevant website. There are two types of cookies. The first type, which is called a persistent cookie, stores a file on your hard disk for a certain period of time. The other type, which is called a session cookie, is only stored temporarily during the time you visit a site.

At SCB Trade Club we use both types of cookies to help us make our visit statistics more reliable and to increase the functionality for our users. A condition for being able to use this website is that you have accepted the use of session cookies. These cookies enable you to carry out your activities and/or transactions in a simple and smooth way and will disappear when you log off SCB Trade Club's services. If you do not want to accept cookies, you can change the security settings of your browser (Internet Explorer, Firefox, Chrome etc).

14. Indemnity; Disclaimer; Limitations of Liability

Each Member's use of SCB Trade Club is at his or her sole risk. SCB Trade Club is provided on an "as is" and "as available" basis and SCB Trade Club assumes no responsibility for the delay, error, incorrectness, incompleteness, timeliness, deletion, mis-delivery or failure to store any Member communications or personalization settings. Member understands and agrees that any material and/or data downloaded or otherwise obtained through the use of the service is done at Member's own discretion and risk and that each Member will be solely responsible for any damage to his or her computer system or loss of data that results from the download of any such material.

SCB Trade Club expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Specifically, SCB Trade Club makes no warranty that:

(i) SCB Trade Club or any goods or service thereon will meet your requirements,

(ii) any Member access will be uninterrupted, timely, secure or error-free,

(iii) the quality of any content, goods, products, services, information or other material obtained by any Member from any other Member or any Vendor will meet his or her expectations,

(iv) any errors in the Content and in the software will be corrected.

SCB and SCB Trade Club shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of goods, property, profits, goodwill, use, data or other intangible losses (even if SCB Trade Club has been advised of the possibility of such damages), resulting from any Member's use or inability to use SCB Trade Club or services thereon; resulting from any goods or services purchased or obtained or messages received or transactions entered into through SCB Trade Club, unauthorized access to or alteration of your transmissions or data; statements or conduct of any third party on SCB Trade Club; or any other matter relating to SCB Trade Club. In no event shall SCB Trade Club 's total cumulative liability to any Member or other party under these Terms or otherwise exceed $1,000.

This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:

• Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2)

we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and

• Not apply to any damage that SCB Trade Club may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed in this Agreement.

No advice or information, whether oral or written, obtained by any Member from or through SCB Trade Club shall create any warranty not expressly made herein. Moreover, nothing herein shall be deemed to create an agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship of any kind between SCB, EE, SCB Trade Club and any Member or other person or entity nor do these Terms extend rights to any third party. As noted above, SCB Trade Club does not and cannot control all the actions of site Members, Vendors or linked third parties. SCB Trade Club reserves the right to report any malfeasance that comes to its attention to the appropriate authorities. SCB Trade Club does not guarantee continuous uninterrupted or secure access to SCB Trade Club. Operation of SCB Trade Club may be subject to interference from numerous factors outside SCB Trade Club's control. Further, scheduled and preventive maintenance as well as required and emergency maintenance work may temporarily interrupt services or access to SCB Trade Club.

The foregoing disclaimers of warranty and limitations of liability apply, without limitation, to any damages or injury caused by the failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of or use of any asset, whether arising out of breach of contract, tortious behavior, negligence or any other course of action by SCB Trade Club.

You agree to indemnify SCB and EE and hold SCB and EE harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys' fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with these Terms, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any Content you submit to the services, and (3) any activity in which you engage on or through SCB Trade Club.

If you are dissatisfied or harmed by SCB Trade Club or anything related to SCB Trade Club, you may close your account and terminate this agreement in accordance with Section 12 of these Terms and such termination shall be your sole and exclusive remedy.

Some countries and jurisdictions do not allow the disclaimer of implied terms in contracts with consumers and as a result the contents of this section may not apply to you.

15. Trademark Information

SCB Trade Club, SCB and the logos included in this Website are either registered or unregistered trademarks, service marks, trade names, products and service names and/or intellectual property rights; they may not be used by you and/or any third parties without the express prior written consent of SCB.

16. Copyrights

SCB Trade Club responds promptly to claims of intellectual property misuse. If you believe that your work has been copied and is accessible on SCB Trade Club in a way that constitutes copyright infringement, you may notify SCB Trade Club by providing our copyright agent with the following information in writing:

1. the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;

2. identification of the copyrighted work that you claim has been infringed;

3. identification of the material that is claimed to be infringing and information reasonably sufficient to permit SCB Trade Club to locate the material, including the full URL.

4. your name, address, telephone number, and email address.

5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

6. a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf; and

7. any other information as requested by SCB Trade Club.

If SCB Trade Club receives such a claim, SCB Trade Club reserves the right to refuse or delete Content as described under Section 7 hereto, or to terminate a Member's account in accordance with Section 12. Our designated agent to receive notification of claimed infringement is reachable at: communitymanager@scbtrade.com

After receiving a claim of infringement, SCB Trade Club will investigate and take appropriate actions as required under applicable intellectual property laws.

17. General Information

The Terms and the relationship between each Member, SCB and SCB Trade Club shall be governed by the laws of Thailand without regard to its conflict of law provisions and each party agrees to submit to the personal and exclusive jurisdiction of Thailand. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Should a Member object to any Terms or any subsequent modifications thereto or become dissatisfied with SCB Trade Club in any way, the Member's only recourse is to immediately discontinue use of SCB Trade Club. SCB Trade Club's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by SCB Trade Club in writing. Each Member agrees that any cause of action arising out of or related to use of SCB Trade Club must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The Section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance.

18. Ownership

SCB Trade Club is owned by SCB and operated by Export Entreprises, 1 rue de Stockholm F75008 Paris | FRANCE.

19. Violations

Please report any violations of the Terms (except for claims of intellectual property infringement) to communitymanager@scbtrade.com

20. How To Contact Us

If you have questions or comments about these Terms, please contact us online at communitymanager@scbtrade.com or by physical mail at:

• Head office : Export Entreprises, 1 rue de Stockholm F-75008 Paris | France

• Main office : Export Entreprises, 240 rue de Rivoli F-75001 Paris | France